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An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts (S.C. 2018, c. 9)

Assented to 2018-05-23

PART 11997, c. 13Tobacco Act (continued)

Amendments to the Act (continued)

54 The Act is amended by adding the following after section 42.3:

Marginal note:Documents to be kept

  • 42.31 (1) Every manufacturer shall keep, in the prescribed manner and for the prescribed time, all documents that they used in order to submit or provide information to the Minister under section 6, 7.3 or 32.

  • Marginal note:Keeping and providing documents

    (2) The manufacturer shall keep the documents at their place of business in Canada or at any prescribed place and shall, on written request, provide them to the Minister.

Marginal note:2009, c. 27, ss. 14(2) and 15

55 Sections 43 to 44 of the Act are replaced by the following:

Marginal note:Product and promotion offences — manufacturer

  • 43 (1) Every manufacturer who contravenes section 5, 7.2 or 19 is guilty of an offence and liable

    • (a) on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding one year, or to both; or

    • (b) on conviction on indictment to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding two years, or to both.

  • Marginal note:Promotion offences — other persons

    (2) Every person, other than a manufacturer, who contravenes section 19 is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000.

Marginal note:Additives — manufacturer

43.1 Every manufacturer who contravenes subsection 5.1(1) or 5.2(1) is guilty of an offence and liable on summary conviction to a fine not exceeding $300,000 or to imprisonment for a term not exceeding two years, or to both.

Marginal note:Additives — other persons

43.2 Every person, other than a manufacturer, who contravenes subsection 5.2(1) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.

Marginal note:Summary offence

44 Every person who contravenes subsection 6(1) or (2), section 6.1, subsection 7.3(1) or (2), section 7.5, subsection 10(1), (2) or (3) or 26(1) or (2), section 30.7 or subsection 31(1) or (3), 32(1) or (2) or 38(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both.

Marginal note:Prohibited sale

44.1 Every manufacturer who contravenes section 7.4 is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both.

56 Section 43.1 of the Act is replaced by the following:

Marginal note:Prohibited additives and ingredients — manufacturer

43.1 Every manufacturer who contravenes subsection 5.1(1) or 5.2(1) or section 7.21 or 7.22 is guilty of an offence and liable on summary conviction to a fine not exceeding $300,000 or to imprisonment for a term not exceeding two years, or to both.

57 Sections 43.1 and 43.2 of the Act are replaced by the following:

Marginal note:Additives, ingredients and markings — manufacturer

43.1 Every manufacturer who contravenes subsection 5.1(1), section 5.2, subsection 5.3(1) or section 7.21 or 7.22 is guilty of an offence and liable on summary conviction to a fine not exceeding $300,000 or to imprisonment for a term not exceeding two years, or to both.

Marginal note:Markings — other persons

43.2 Every person, other than a manufacturer, who contravenes subsection 5.3(1) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.

58 Section 44 of the Act is replaced by the following:

Marginal note:Summary offence

44 Every person who contravenes subsection 6(1) or (2), section 6.1, subsection 7.3(1) or (2), section 7.5, subsection 10(1), (2) or (3) or 26(1) or (2), section 30.7 or subsection 31(1) or (3), 32(1) or (2), 38(1) or (2) or 42.31(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both.

59 Section 44.1 of the Act is replaced by the following:

Marginal note:Prohibited sale

44.1 Every manufacturer who contravenes section 6.01 or 7.4 is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both.

60 The portion of section 45 of the Act before paragraph (a) is replaced by the following:

Marginal note:Sales to young persons, promotions

45 Every person who contravenes subsection 8(1) or 9(1) or section 11 or 12, or every retailer who contravenes section 29 or 30.5 or subsection 30.6(1) or (2), is guilty of an offence and liable on summary conviction

61 Sections 46 and 47 of the Act are replaced by the following:

Marginal note:Offence by retailer

  • 46 (1) Every retailer who contravenes subsection 15(1) or (2), 15.1(1) or (4) or 15.3(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.

  • Marginal note:Offence by manufacturer

    (2) Every manufacturer who contravenes subsection 15(1) or (2), 15.1(1) or (4) or 15.3(1) or (2), section 29 or 30.5 or subsection 30.6(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both.

  • Marginal note:Offence

    (3) Every person who contravenes subsection 15.1(2) or (3) is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both.

Marginal note:General offence

47 Every person who contravenes subsection 9.1(1) or (2), 20(1), 21(1), 22(1), 23(1) or (2), 23.1(1) or (2) or 24(1) or (2), section 25, 27, 30.1 or 30.2, subsection 30.3(1) or (2), section 30.4 or 30.701 is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both.

62 Subsection 46(2) of the Act is replaced by the following:

  • Marginal note:Offence by manufacturer

    (2) Every manufacturer who contravenes subsection 15(1), (1.1) or (2), 15.1(1) or (4) or 15.3(1) or (2), section 29 or 30.5 or subsection 30.6(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both.

63 Section 47 of the Act is replaced by the following:

Marginal note:General offence

47 Every person who contravenes subsection 9.1(1) or (2) or 20(1), section 20.1, subsection 21(1), 22(1), 23(1) or (2), 23.1(1) or (2) or 23.2(1) or (2), section 23.3, subsection 24(1) or (2), section 25, 27, 30.1 or 30.2, subsection 30.21(1) or 30.3(1) or (2), section 30.4 or 30.41, subsection 30.42(1) or 30.43(1) or (2), section 30.44, subsection 30.45(1) or (2), 30.46(1) or (2), 30.47(1) or (2) or 30.48(1) or (2) or section 30.701 or 30.71 is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both.

64 The Act is amended by adding the following after section 48:

Marginal note:Due diligence defence

48.1 A person is not to be found guilty of an offence under this Act if they establish that they exercised due diligence to prevent the commission of the offence.

65 Paragraphs 57(a) and (b) of the Act are replaced by the following:

  • (a) information on a package indicating that it contains a tobacco product or vaping product is, in the absence of evidence to the contrary, proof that the package contains that product; and

  • (b) a name or address on a package purporting to be the name or address of the person by whom the tobacco product or vaping product was manufactured is, in the absence of evidence to the contrary, proof that it was manufactured by that person.

  • 66 (1) Paragraph 59(b) of the Act is replaced by the following:

    • (b) prohibiting the offender from selling tobacco products and vaping products for a period of not more than one year, in the case of a subsequent offence for the contravention of subsection 8(1) or section 11, 12, 29, 30.5 or 30.6;

  • (2) Paragraph 59(f) of the Act is replaced by the following:

    • (f) directing the offender to pay an amount for the purposes of conducting research into any matters relating to tobacco products and vaping products that the court considers appropriate.

67 Subsection 60(1) of the Act is replaced by the following:

Marginal note:Administrative agreements

  • 60 (1) The Minister may enter into agreements with provinces or other bodies respecting the administration and enforcement of this Act or any provision of this Act, including the designation of provincial or other officials and bodies as inspectors under this Act and the appointment of federal officials as inspectors under provincial legislation in respect of tobacco and vaping products.

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